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Tarr v. State

District Court of Appeal of Florida, Fourth District
Apr 2, 2008
978 So. 2d 231 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-450.

April 2, 2008.

Appeal from the Seventeenth Judicial Circuit, Broward County, John J. Murphy, III, J.

Carey Haughwout, Public Defender, West Palm Beach, for appellant.

No appearance required for appellee.


Andrew Tarr appeals the denial of a rule 3.800(a) motion to correct an illegal sentence. His motion suggested that, when he received a split sentence following the revocation of his probation, he did not receive the proper credit for time previously served on probation, on community control, and while he was incarcerated. See Young v. State, 697 So.2d 75 (Fla. 1997); Meader v. State, 665 So.2d 344 (Fla. 4th DCA 1995). He did not allege how much credit he received and how much additional credit he believed he was entitled to. In addition, he did not allege that the face of the court records demonstrate he is entitled to more credit or identify where this information could be found. Accordingly, we affirm the trial court's order without prejudice for appellant to file a sufficient rule 3.800(a) motion, or a rule 3.850 motion in the time remaining under rule 3.850(b), if he did not receive the proper credit for time served. See Carridine v. State, 741 So.2d 616 (Fla. 4th DCA 1999).

FARMER, MAY and DAMOORGIAN, JJ., concur.


Summaries of

Tarr v. State

District Court of Appeal of Florida, Fourth District
Apr 2, 2008
978 So. 2d 231 (Fla. Dist. Ct. App. 2008)
Case details for

Tarr v. State

Case Details

Full title:Andrew I. TARR, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 2, 2008

Citations

978 So. 2d 231 (Fla. Dist. Ct. App. 2008)